Waiver and Liability
I, the undersigned participant, intending to be legally bound, hereby certify that I am physically fit and have not been otherwise informed by a physician. I acknowledge that I am aware of all risks inherent in swimming including possible permanent disability and death and agree to assume all risks. AS A CONDITION OF MY PARTICIPATION IN THE ONPOINT FITNESS SWIM CLINIC OR ANY ACTIVITIES THERETO, I HEREBY WAIVE ANY AND ALL RIGHTS TO CLAIMS FOR LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO , ALL CLAIMS OF INJURY, LOSS, DAMAGES CAUSED BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF THE FOLLOWING: ONPOINT FITNESS, OFFICERS, AGENTS OR EMPLOYEES, HOST FACILITIES, OR ANY INDIVIDUALS SUPERVISING THE CLINIC/WORKSHOP.
I understand the hazards of the novel coronavirus ("COVID-19") and I am familiar with the Centers for Disease Control and Prevention ("CDC"), World Health Organization ("WHO"), and my local government's guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC, WHO and local government guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
I understand the risks associated with COVID-19, which I readily acknowledge, and I hereby willingly choose to participate in the swim clinic/lessons with OnPoint Fitness.
In addition, the undersigned agrees to release, discharge, hold harmless and indemnify OnPoint Fitness, its officers, agents, employees, insurers, host facilities, any individuals supervising the clinic/workshop/lesson, and any others acting on OnPoint Fitness’ behalf (the Releasees) of and from any and all claims, demands, causes of action, and/or legal liabilities for injuries to or death of the undersigned occurring during, or resulting from, or participation in the above-mentioned swim clinic/lessons, and other activities related thereto, and are related in any way to COVID-19, even if the cause, damages or injuries are alleged to be the fault of or alleged to be caused by the negligence or carelessness of the Releasees.
Date:______________________________ Signature:__________________________ Print Name:___________________________ Availability
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, On Point Fitness, USA Track and Field, sponsors, affiliates, volunteers, TI Smart Speed Freestyle Workshop, and individual TI Smart Speed Freestyle Workshop organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry and its partner On Point Fitness shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry and its partner On Point Fitness does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry and its partner On Point Fitness is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry and its partner On Point Fitness facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry and its partner On Point Fitness relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry and its partner On Point Fitness.